Rizal, Moch. Choirul
Institut Agama Islam Negeri (IAIN) Kediri

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Journal : Jurnal Hukum Samudra Keadilan

KEBIJAKAN KRIMINALISASI TENTANG DEFORESTASI DI JAWA TIMUR Moch. Choirul Rizal
Jurnal Hukum Samudra Keadilan Vol 13 No 2 (2018): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1123.881 KB) | DOI: 10.33059/jhsk.v13i2.915

Abstract

Wahana Lingkungan Hidup Indonesia (Walhi) of East Java noted that 30% of forest in East Java is deforested every year due to land conversion, illegal logging, fire, and erosion. In fact, East Java has a legal policy in the form of local regulations that have a spirit against deforestation. However, the policy of such law substantially contains problematics, for example, the equation of formulation of criminal acts with the Law of the Republic of Indonesia Number 18 of 2013 on Prevention and Eradication of Forest Destruction, which resulted in the regional regulations will be ruled out. Therefore, this conceptual study offers an idea of ​​the need for an update to the criminalization policy on deforestation in the local regulation. In the future, the criminalization policy on deforestation in regional regulations in East Java should contain specific and unregulated formulations of criminal acts in the law, for example, prohibit any form of action that results in the capacity of communities to participate in the prevention and eradication of deforestation practices.